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DCCC 373/2009
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 373 OF 2009
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Coram: Deputy District Judge Dufton in Court
Date of Sentence: 17 July 2009
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Present:
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Mr Nicholas Wong, PP for the Department of Justice
Mr Anthony Shin assigned by DLA for the Defendant. |
Charge: Trafficking in a dangerous drug(販運危險藥物)
REASONS FOR SENTENCE
1. The defendant pleads guilty to three charges of trafficking in heroin, contrary to section 4 of the Dangerous Drugs Ordinance, Chapter 134.
Charge 1
2. In summary in the afternoon of the 6th February this year the police were conducting an anti-dangerous drugs operation when they saw the defendant acting furtively outside a shop on Kweilin Street in Sham Shui Po. Upon search of the defendant’s left front trouser pocket 12 packets containing a total of 1.65 grammes of heroin were found inside a plastic bag. The defendant was granted police bail pending the Government Chemist’s Certificate.
Charge 2
3. At 11.33 hours on the 3rd March the defendant was stopped outside No 377 Ki Lung Street in Sham Shui Po. Upon search of the defendant’s shirt pocket 40 packets containing a total of 5.74 grammes of heroin were found inside a plastic bag. The defendant was taken to court where he was remanded in custody.
Charge 3
4. Upon admission to Lai Chi Kok Reception Centre the defendant said he was not in possession of any dangerous drugs. Two days later the defendant requested to go to the toilet saying he had some dangerous drugs inside his body. Upon excretion 5 packets of heroin containing a total of 0.74 grammes of heroin were found.
5. In R v LAU Tak-ming [1990] 2 HKLR 370 the Court of Appeal laid down guidelines for trafficking in heroin. The court said that the sentence upon conviction after trial where the quantity of narcotic is up to 10 grammes is between 2 and 5 years imprisonment.
6. In passing sentence I have carefully considered everything said by Mr Shin on behalf of the defendant together with the medical report detailing the operation the defendant has received whilst in custody for decompression of the spinal cord. I am satisfied no reduction in sentence is to be given on account of the defendant’s ill health. I am satisfied the defendant will receive proper medical treatment whilst serving his sentence as he has done to date.
7. I note each time the defendant was arrested he said the drugs were for his own consumption. The defendant in court confirms the drugs were all for trafficking and none were for his own consumption.
8. I am satisfied the proper starting point after trial on charge 1 for 1.65 grammes of heroin is 2 years and 6 months imprisonment; on charge 2 for 5.74 grammes of heroin 3 years and 6 months imprisonment; and on charge 3 for 0.74 grammes of heroin 2 years imprisonment.
9. Although the drugs subject of charges 2 & 3 were discovered on separate days I am satisfied the charges essentially arise out of the same facts and therefore concurrent sentences are appropriate. Charges 2 and 3 are however separate and distinct from charge 1 and aggravated by the fact they were committed whilst on police bail. Subject to totality the sentence on charges 2 and 3 is to be served consecutively to charge 1.
10. Giving the defendant full credit for his pleas of guilty he is sentenced as follows:
Charge 1 – 1 year and 8 months imprisonment;
Charge 2 – 2 years and 4 months imprisonment; and
Charge 3 – 1 year and 4 months imprisonment.
The sentences on charges 2 and 3 are to run concurrent to each other with 1 year and 4 months consecutive to charge 1 and 1 year concurrent. This makes a total sentence of 3 years imprisonment, which I am satisfied properly reflects the defendant’s criminality on the charges.
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(D. J. DUFTON) |
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Deputy District Judge |
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